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No. 2

JAPAN AND CHINA

Convention for the retrocession by Japan to China of the southern portion of the Province of Fêng-Tien (i. e., the Liaotung Peninsula).1 -November 8, 1895.

His Majesty the Emperor of Japan and His Majesty the Emperor of China, desiring to conclude a Convention for the retrocession by Japan of all the southern portion of the province of Fêng-Tien to the sovereignty of China, have for that purpose named as Their Plenipotentiaries, that is to say: His Majesty the Emperor of Japan-Baron Hayashi Tadasu, Shoshii, Grand Cross of the Imperial Order of the Sacred Treasure, Grand Officer of the Imperial Order of the Rising Sun, Minister Plenipotentiary and Envoy Extraordinary

and His Majesty the Emperor of China-Li Hung-Chang, Minister Plenipotentiary, Senior Tutor of the Heir-Apparent, Senior Grand Secretary of State and Earl of the First Rank,

Who, after having communicated to each other their full powers, which were found to be in good and proper form, have agreed upon the following Articles:

ARTICLE I.-Territory retroceded.-Japan retrocedes to China in perpetuity and full sovereignty the southern portion of the Province of Fêng-Tien, which was ceded to Japan under Article II of the Treaty of Shimonoseki of the 17th day of the 4th month of the 28th year of Meiji, corresponding to the 23rd day of the 3d month of the 21st year of Kuang Hsü, together with all fortifications, arsenals and public property thereon at the time the retroceded territory is completely evacuated by the Japanese forces in accordance with the provisions of Article III of this Convention, that is to say, the southern portion of the Province of Fêng-Tien from the mouth of the River Yalu to the mouth of the River An-ping, thence to Feng Huang Ch'êng, thence to Haicheng, and thence to Ying-kow; also all cities and towns to the south of this boundary and all islands appertaining or belonging to the Province of Fêng-Tien situated in the eastern portion of the Bay of Liao-Tung and in the northern part of the Yellow Sea. Article III of the said Treaty of Shimonoseki is in consequence suppressed, as are also the provisions in the same Treaty with reference to the conclusion of a Convention to regulate frontier intercourse and trade.

II. Compensation in lieu of territory.-As compensation for the retrocession of the southern portion of the Province of Fêng-Tien, the Chinese Government engage to pay to the Japanese Government 30,000,000

1MACMURRAY, vol. 1, p. 50. Printed also in ROCKHILL, p. 26, B. & F. State Papers, vol. 87, p. 1195; Recueil, p. 89; Hertslet, p. 370, and American Journal of International Law, Supplement, 1907, p. 384.

Kuping taels on or before the 16th day of the 11th month of the 28th year of Meiji, corresponding to the 30th day of the 9th month of the 21st year of Kuang Hsü.

III.-Mode of payment.-Within three months from the day on which China shall have paid to Japan the compensatory indemnity of 30,000,000 Kuping taels provided for in Article II of this Convention, the retroceded territory shall be completely evacuated by the Japanese forces.

IV.-Immunity to inhabitants.-China engages not to punish in any manner nor to allow to be punished those Chinese subjects who have in any manner been compromised in connection with the occupation by the Japanese forces of the retroceded territory.

V.-English text authoritative. The present Convention is signed in duplicate, in the Japanese, Chinese, and English languages. All these texts have the same meaning and intention, but in case of any differences of interpretation between the Japanese and Chinese texts, such differences shall be decided by reference to the English text.

VI. The present Convention shall be ratified by His Majesty the Emperor of Japan and His Majesty the Emperor of China, and the ratifications thereof shall be exchanged at Peking within twenty-one days from the present date.1

In witness whereof the respective Plenipotentiaries have signed the same and have affixed thereto the seal of their arms.

Done at Peking, this 8th day of the 11th month of the 28th year of Meiji, corresponding to the 22nd day of the 9th month of the 21st year of Kuang Hsü.

[L. S.]
[L. S.]

PROTOCOL

HAYASHI TADASU.
LI HUNG-CHANG.

In view of the insufficiency of time to effect a formal exchange of the ratifications of the Convention between Japan and China signed this day respecting the retrocession of the Peninsula of Fêng-Tien, before the date named in the said Convention for certain stipulations thereof to take effect, the Government of His Majesty the Emperor of Japan and the Government of His Majesty the Emperor of China, in order to prevent the possibility of delay in putting into execution the several provisions of the said Convention, have, through their respective Plenipotentiaries, agreed upon the following stipulations:

The Governments of Japan and China shall, within the period of five days after the date of this Protocol, announce to each other through the undersigned, their respective Plenipotentiaries, that the said Convention has received the approval of His Majesty the Emperor of Japan and His Majesty the Emperor of China, respectively, and thereupon the said Convention in

1 Ratifications exchanged at Peking, November 29, 1895.

all its parts shall come into operation as fully and effectually as if the ratifications thereof had actually been exchanged.

In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the seal of their arms.

Done at Peking, this 8th day of the 11th month of the 28th year of Meiji, corresponding to the 22nd day of the 9th month of the 21st year of Kuang Hsü.

[L. S.]
[L. S.]

HAYASHI TADASU.
LI HUNG-CHANG.

Note

In connection with this convention see the treaty of peace between China and Japan of April 17, 1895 (No. 1, ante); see also the convention for the lease of the Liaotung Peninsula to Russia, March 27, 1898 (No. 4, post), and Article 5 of the treaty of peace between Russia and Japan, September 5, 1905 (No. 12, post).

HERTSLET (p. 369) also gives the following translation of a Japanese proclamation dated May 10, 1895:

Japanese Imperial Proclamation regarding Retrocession of Liaotung Peninsula.May 10, 1895

"We recently, at the request of the Emperor of China, appointed Plenipotentiaries for the purpose of conferring with the Ambassadors sent by China and of concluding with them a Treaty of Peace between the two Empires. Since then the Governments of the two Empires of Russia and Germany and of the French Republic, considering that the permanent possession of the ceded districts of the Feng-Tien Peninsula by the Empire of Japan would be detrimental to the lasting peace of the Orient, have united in a simultaneous recommendation to our Government to refrain from holding these districts permanently.

"Earnestly desirous as we always are for the maintenance of peace, nevertheless we were forced to commence hostilities against China for no other reason than our sincere desire to secure for the Orient an enduring peace. The Governments of the three Powers are, in offering their friendly recommendation, similarly actuated by the same desire, and we, out of our regard for peace, do not hesitate to accept their advice. Moreover, it is not our wish to cause suffering to our people, or to impede the progress of the national destiny by embroiling the Empire in new complications, and thereby imperiling the situation and retarding the restoration of peace.

"China has already shown, by the conclusion of the Treaty of Peace, the sincerity of her repentance for her breach of faith with us, and has made manifest to the world our reasons and the object we had in view in waging war with that Empire.

"Under these circumstances we do not consider that the honour and dignity of the Empire will be compromised by resorting to magnanimous measures, and by taking into consideration the general situation of affairs.

"We have therefore accepted the advice of the friendly Powers and have commanded our Government to reply to the Governments of the three Powers to that effect. "We have specially commanded our Government to negotiate with the Chinese Government respecting all arrangements for the return of the peninsular districts. The exchange of the ratifications of the Treaty of Peace has now been concluded, the friendly relations between the two Empires have been restored, and cordial relations with all other Powers have been strengthened.

"We therefore command all our subjects to respect our will, to take into careful consideration the general situation, to be circumspect in all things, to avoid erroneous tendencies, and not to impair or thwart the high aspirations of our Empire. (Imperial sign-manual.)

"(Countersigned by all the Ministers of State.)

"May 10, 1895."

In Recueil (p. 63) are printed the French texts of several documents, the tenor of which is sufficiently indicated by the following translation of an identic note addressed to the Japanese Ministry for Foreign Affairs by the French, German and Russian Ministers on October 18, 1895, and acknowledged by it under date of the following day: Identic Note of French, German and Russian Ministers to Japanese Minister for Foreign Affairs regarding Retrocession of Liaotung Peninsula.-October 18, 1895

"The undersigned Envoy Extraordinary and Minister Plenipotentiary of His Majesty the Emperor of Russia has not failed to bring to the knowledge of his Government the two Declarations that His Excellency the Marquis Saïonzi, Acting Minister for Foreign Affairs, has made to him in the name of his Government, namely:

"A-Under date of July 19th: "That the Government of His Majesty the Emperor of Japan recognizes the Straits of Formosa as being a great sea highway of the nations, and that those Straits are in consequence beyond its exclusive control or appropriation. The Government of His Majesty the Emperor of Japan binds itself not to cede to any Power the Islands of Formosa and the Pescadores';

"and B-Under date of October 7th: "That the Government of His Majesty the Emperor of Japan has decided (1) to reduce to thirty million taels the amount of the indemnity in compensation for the retrocession of the Liaotung (Fêng-Tien) Peninsula, and (2) not to make the conclusion of the Treaty of commerce and navigation with China a condition of the evacuation of the said Peninsula; and to effect such evacuation within a period of three months from the date of the full payment by China of the said indemnity of thirty million taels.'

"The undersigned has been advised that the Government of his August Master, His Majesty the Emperor, taking note of the Declarations above cited, can only felicitate the Government of His Majesty the Emperor of Japan upon this new proof of its wisdom and moderation.

"In bringing the foregoing, under the instruction of his Government, to the knowledge of His Excellency the Acting Minister for Foreign Affairs, the undersigned begs him to be so good as to acknowledge the receipt of the present note, and avails himself of this occasion to renew to him the assurance of his highest consideration. "Tokyo, October 6/18, 1895.

No. 3

"(Sgd.)

HITROVO."

RUSSIA (Russo-Chinese Bank)1 AND CHINA

Contract for the Construction and Operation of the Chinese Eastern Railway-September 8, 1896

Between the undersigned, His Excellency Shu King-chen, Minister Plenipotentiary of His Majesty the Emperor of China, at St. Petersburg, acting by virtue of an Imperial Edict, dated Kuang Hsü, 22nd year, 7th month, 20th day (August 16/28, 1896), of the one part, and the RussoChinese Bank, of the other part, it has been agreed as follows:

The Chinese Government will pay the sum of five million Kuping taels (Kuping Tls.5,000,000.) to the Russo-Chinese Bank, and will participate in proportion to this payment in the profits and losses of the bank, on conditions set forth in a special contract.

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2 MACMURRAY, vol. I, p. 74, translation from the French text as printed in Soglashenia, p. 4. French text printed also in CUSTOMS, vol. 1, p. 208; KENT, p. 211; WANG, p. 1. See Note 2 to this document, post, p. 27.

The Chinese Government having decided upon the construction of a railway line, establishing direct communication between the city of Chita and the Russian South Ussuri Railway, entrusts the construction and operation of this railway to the Russo-Chinese Bank upon the following conditions:

1. The Russo-Chinese Bank will establish for the construction and operation of this railway a company under the name of the Chinese Eastern Railway Company.1

The seal which this Company will employ will be given to it by the Chinese Government. The statutes of this Company will be in conformity with the Russian usages in regard to railways. The shares of the Company can be acquired only by Chinese or Russian subjects. The president of this company will be named by the Chinese Government, but paid by the Company. He may have his residence in Peking.

It will be the duty of the president to see particularly to the scrupulous fulfillment of the obligations of the Bank and of the Railway Company towards the Chinese Government; he will furthermore be responsible for the relations of the Bank and of the Railway Company with the Chinese Government and the central and local authorities.

The president of the Chinese Eastern Railway Company will likewise be responsible for examining all accounts of the Chinese Government with the Russo-Chinese Bank.

To facilitate local negotiations, the Russo-Chinese Bank will maintain an agent at Peking.

2. The route of the line will be determined by the deputies of the president (named by the Chinese Government) of the Company, in mutual agreement with the engineers of the Company and the local authorities. In laying out this line, cemeteries and tombs, as also towns and villages, should so far as possible be avoided and passed by.

3. The Company must commence the work within a period of twelve months from the day on which this contract shall be sanctioned by imperial decree, and must so carry it on that the whole line will be finished within a period of six years from the day on which the route of the line is definitely established and the lands necessary therefor are placed at the disposal of the Company. The gauge of the line should be the same as that of the Russian railways (5 Russian feet-about four feet, two and one-half inches, Chinese).

4. The Chinese Government will give orders to the local authorities to assist the Company to the extent of their ability in obtaining, at current prices, the materials necessary for the construction of the railway, as also laborers, means of transport by water and by land, the provisions necessary for the feeding of men and animals, etc.

1See Note 3 to this document, post, p. 34.

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